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HomeMy WebLinkAbout6100RESOLUTION NO. 6100 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND KAISER AEROSPACE & ELECTRONICS CORPORATION, A NEVADA CORPORATION RELATING TO THE TRANSFER OF LAND AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE AGREEMENT AND THE WARRANTY DEED THEREIN DESCRIBED BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The City Council does hereby find and determine as follows: (a) There now exists in the City of Pueblo and has existed for a number of years unemployment in an abnormal amount injurious to the public health and welfare of the City and its inhabitants constituting an economic and social liability impairing and arresting the sound growth, economic development and stability of the City. (b) The prevention and elimination of unemployment and the social and economic evils associated therewith are proper public purposes and matters of local and municipal concern which justify the expenditure of public funds. (c) The City is the owner by conveyance from the United States Government of land known as the Pueblo Memorial Airport and it would be in the best interests of the City and in the public interests if portions of the Airport land not required for aviation or airport use be transferred and be reused and developed for industrial purposes. (d) Kaiser Aerospace & Electronics Corporation has determined to construct on land at Pueblo Memorial Airport an approximately 100,000 square foot manufacturing facility with office space (herein "Project "). (e) No similar project exists in the City and construction and equipping of the Project will require a large outlay of capital. (f) Kaiser Aerospace & Electronics Corporation believes it will employ and has committed to the City that it will use its best efforts in good faith to employ approximately 100 employees at the Project within two (2) years. (g) The property described in the Agreement between the City and Kaiser Aerospace & Electronics Corporation attached hereto is surplus to the City's needs. (h) The construction of the Project will stimulate and promote industrial activity at Pueblo Memorial Airport thereby creating employment opportunities for the citizens of the City, greater use of airport facilities and increased aeronautical activities. (i) The execution and performance of the Agreement between the City and Kaiser Aerospace & Electronics Corporation are in the best interests of the City and its citizens and will promote the public health, safety, commerce, prosperity and general welfare of the City and its citizens. ['L�/T Tl1AT 7 The Agreement between the City of Pueblo, a Municipal Cor- poration and Kaiser Aerospace & Electronics Corporation, a Nevada Corporation, a copy of which is attached hereto and incorporated herein as if set out herein in full, having been approved as to IWZ form by the City Attorney, is hereby approved. QV('TTnM Z The President of the City Council is hereby authorized and directed to execute for and on behalf of the City the Agreement and the Warranty Deed substantially in the form of Exhibit "A" attached thereto and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: October 13 , 1987 ALLYN MIDDELKAMP Councilman ATTEST: APPROV 4w,44"o- C C b 17TF. 17 President of the City Council TJ 23.05 -3- AGREEMENT THIS AGREEMENT entered into this 13th day of October. 1987 between the CITY OF PUEBLO, A MUNICIPAL CORPORATION (herein "City ") and KAISER AEROSPACE & ELECTRONICS CORPORATION, A NEVADA CORPORATION (herein "Company "), WITNESSETH: WHEREAS, City is the owner by conveyance from the United States Government of certain land known as the Pueblo Memorial Airport, Pueblo County, Colorado, and WHEREAS, it would be in the best interest of the City and in the public interest if portions of the Airport land not required for aviation or airport use be transferred and be reused and developed for industrial purposes, and WHEREAS, such reuse and development of portions of the Airport industrial land would increase the tax base and avail- ability of jobs and promote the economic expansion of the City, and WHEREAS, the property described herein is surplus property no longer of need or use to the City, and WHEREAS, Company has proposed a plan for the reuse and development of a portion of the Airport land for industrial use. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, City and Company agree as follows: 1. Sale and Purchase (a) City does hereby sell, and Company does hereby purchase upon the terms and conditions herein, for a purchase price of $19.00 (herein "Purchase Price ") payable as herein provided, approximately 19.10 acres, more or less, of real property located at Pueblo Memorial Airport, Pueblo County, Colorado described in Exhibit "A" attached hereto and incorporated herein (herein "Property "). Company acknowledges that City owns the Property subject to restrictions in the deed to the City recorded in Book 1074, Page 87, Instrument No. 819072 of the records of the Clerk and Recorder of Pueblo County, Colorado. (b) The Purchase Price will be paid in full at closing. 2. Conveyance The City shall convey to Company marketable title to the Property by general Warranty Deed substantially in the form of Exhibit "A" attached hereto and incorporated herein, free of liens, encumbrances, taxes and assessments. At closing, the deed will be duly executed and acknowledged for recording. 3. Closing The closing of the transaction contemplated by this Agreement shall be in Pueblo, Colorado at a time and date designated by the City, on or before November, 1, 1987 (herein "closing date "). The closing date hereunder may be changed without amendment to this Agreement by mutual written consent of City and Company and both parties shall be reasonable in consent- ing to changes in the closing date in order to comply with the conditions precedent to closing set forth in paragraph 4. If the closing does not take place on or before the closing date or such later date as City and Company shall mutually agree to in writing, this Agreement shall become null and void. 4. Conditions Precedent to Closing. The purchase and sale herein contemplated is contingent upon and subject to the follow- ing: (a) Receipt by Company of a standard ALTA owners title insurance policy, or commitment therefor, in the amount of the estimated value of the Property as improved satisfactory to Company, insuring title to the Property free of liens, encumbranc- es, taxes and assessments. All costs and premium for such title insurance shall be paid by Company. (b) Prior approval of the Federal Aviation Administra- tion (herein "F.A.A. ") and its issuance of all necessary Deeds of Release for the Property. (c) Pueblo County granting an exemption from its sub- division regulations for the Property or the inclusion of the Property in an approved subdivision. (d) Completion by Company of environmental and soils surveys and tests of the Property showing the Property to be, in Company's sole opinion, in an acceptable environmental condition and suitable for construction of Company's facilities. Such environmental and soils surveys and tests shall be conducted by Company at its sole cost and expense. If any of the above conditions precedent to closing are not complied with prior to closing, Company or City may terminate this Agreement and each party shall be released from all obliga- tions hereunder. 5. Company's Representations Company represents, warrants and agrees, subject to closing, as follows: (a) Company shall construct and equip on the Property an approximately 100,000 square foot manufacturing facility with office space (herein "facility ") and will operate its facility in a manner which will be advantageous to the economic development of the City and County of Pueblo, Colorado, as set forth herein. The facility will be constructed in accordance with plans and specifi- cations, including parking, site development and landscaping plans, approved by City, which approval will not be unreasonably withheld or delayed, and in compliance with applicable federal, state, and local law, regulations and codes. Company estimates that the facility will be operational within twelve (12) months -2- after date of closing. If Company does not commence construction of its facility in accordance with plans and specifications therefor approved by the City within nine (9) months after closing and thereafter without unreasonable delay pursue its completion and take all action necessary and required therefor, in exchange for its original purchase price, Company shall reconvey to City marketable title to the Property by Special Warranty Deed free of all liens, claims, encumbrances, taxes, restrictions, reservations and easements and rights of way placed thereon by the acts or defaults of Company. The term "commence construction" means the pouring of footings and foundations. (b) Company shall, at its own expense, cause all utilities and roads used or to be used by the Company on the Property to be extended from the streets adjacent to the Property and installed upon the Property and shall maintain and keep in good repair all such roads and utility extensions. (c) Company shall keep and maintain the Property and all improvements thereon including landscaping in a good, clean, safe and orderly condition, free of waste, rubbish, debris and trash and will enclose and screen from public view by a solid fence all unsightly areas of the Property and those areas used for storage. (d) Waste water discharged from the Property into City's sanitary sewer system and Company's use thereof are limited by and subject to the available treatment capacity of City's waste water treatment facilities and City's sewer user, industrial cost recovery, high strength surcharge, and pretreatment ordinances, rules and regulations applicable to City's sanitary sewer system at Pueblo Memorial Airport, now in effect or hereafter adopted and amended. If Company discharges waste water from the Property other than into City's sanitary sewer system, Company shall obtain all permits and easements required therefor. City will cooperate with Company in obtaining such permits and easements provided City incurs no expense or liability relating thereto. (e) Company shall comply with notifications and review requirements of the F.A.A. prior to construction, modification or alteration of any building or structure on the Property. (f) Company shall pay to City a combined service fee for services and facilities now furnished by City at the Pueblo Memorial Airport, namely: sewage treatment, public street maintenance, fire protection, and street lighting based upon $250.00 per acre per annum payable monthly for each acre of land conveyed to Company hereunder. City may, from time to time, reduce or eliminate any or all of the services or facilities presently being furnished and may modify, increase, or decrease the annual combined service fee provided (i) such services and fee shall be non - discriminatory among other tenants and owners of land -3- at Pueblo Memorial Airport receiving such services and facilities, and (ii) such fee shall be reasonable in relation to City's actual cost and expense of furnishing the services and facilities then being furnished. City's cost may include the cost of capital improvements amortized over the useful life of the improvements. (g) Company agrees and acknowledges that neither City nor any of its officers, employees or agents has made any repre- sentation or warranty concerning or relating to the operation, maintenance or continuance of the Pueblo Memorial Airport or any public areas or facilities located at the Pueblo Memorial Airport. (h) The Property to be conveyed to Company hereunder is a portion of land City is developing into an industrial park. City in developing the industrial park intends to prepare and record appropriate restrictive covenants restricting the develop- ment and use of the land adjacent to the Property to industrial and commercial development and uses which are generally compatible with Company's contemplated use for the Property. City agrees to consult with Company in the preparation of such restrictive covenants for the industrial park. City further agrees that such restrictive covenants will not require modification of Company's use of the Property on the date the restrictive covenants are recorded. Company shall subordinate the Property to such restrictive covenants and, if requested by the City to do so, will execute and record an instrument subjecting the Property thereto. (i) Company acknowledges and agrees that the creation of jobs by Company is the primary purpose and the major considera- tion to the City for the transfer of the Property hereunder. Therefore, Company agrees that it will use its best efforts in good faith to employ at its facility on the Property approximately one hundred (100) employees within two (2) years from date of closing. (j) At the request of City, Company shall meet and in good faith confer with the City concerning the annexation of the Property to the City when the Pueblo Memorial Airport, or any part thereof including, without limitation, the Property, becomes eligible for annexation. (k) Company shall provide for storm water drainage which shall include the construction and installation of storm water detention facilities on the Property. The detention facility shall be capable of storing the developed on -site runoff from a 100 -year frequency storm. The maximum release rate from the detention facility at the ponding depth corresponding to the 10 -year volume shall be .30 cfs /acre and 1.00 cfs /area for the 100 -year ponding depth. All calculations and details shall conform with the City of Pueblo Storm Drainage Criteria Manual. The point of discharge from the detention facility shall be at a location approved by the Director of Public Works. 6. City's Representations. City represents, warrants and -4- agrees, subject to closing, as follows: (a) No litigation is pending, or to the City's knowl- edge proposed, threatened or anticipated with respect to any matter affecting the Property. (b) City will install or cause to be installed water, sewer, natural gas and electric utility service lines to the Property line adjacent to William White Boulevard. (c) City will, at its expense, grade and prepare building foundation sites for Company's initial facility in accordance with plans and specifications approved by Company and City. (d) To the best of its knowledge, there are no toxic or hazardous substances on or in the Property in a quantity or concentration which precludes Company from using the Property as contemplated herein. If, prior to City's expenditure of funds for any improvements required to be made by City under paragraph 6 hereof, or within ninety (90) days after closing, whichever occurs first, competent and reliable environmental studies establish that toxic or hazardous substances exist in or on the Property in a quantity or concentration which reasonably precludes Company from using the Property as contemplated herein, City will make avail- able to Company a comparable parcel of land adjacent to William White Boulevard. City and Company shall mutually agree upon the location of such alternate site. 7. Surveys and Tests. City grants Company the immediate right to enter the Property and to make such surveys and tests on the Property as the Company deems necessary. Company agrees to indemnify and hold City, its officers, employees and agents harmless from and against all claims, actions, suits, costs, liabilities, interest and attorney fees resulting from or arising out of Company's entry upon or use of the Property prior to closing. 8. Colorado Law. This Agreement shall be governed by the laws of the State of Colorado and shall be construed in accordance therewith. 9. No Waiver No provision of this Agreement may be waived except by an agreement in writing signed by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other term or provision. 10. Binding Effect. This Agreement shall be binding on the parties, their heirs, executors, administrators, successors or assigns. The parties agree to do any and all things necessary to effectuate the purposes of this Agreement. 11. Construction. Throughout this Agreement, the singular shall include the plural; the plural shall include the singular; and the masculine and neuter shall include the feminine, wherever the context so requires. 12. Text to Control. The headings of sections are included solely for convenience of reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 13. Severability. If any provision of this Agreement is declared by any court of competent jurisdiction to be invalid for any reason, such invalidity shall not effect the remaining pro- visions. On the contrary, such remaining provisions shall be fully severable, and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted in the Agreement. 14. Amendment. This Agreement sets forth the entire under- standing of the parties and may be amended, altered or revoked at any time, in whole or in part, only by filing with this Agreement a written instrument setting forth such changes, signed by the parties hereto, except as otherwise provided in Section 3. 15. No Assignment The Company shall not assign this Agreement or any interest therein without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. 16. Notices All notices required to be given by this Agreement shall be made in writing and served either by: a. personal delivery to the party requiring notice; or b. mailing notice via the U.S. Mail to the last known address of the party requiring notice, by first class mail, postage prepaid. Effective date of the notice shall be the date of the personal delivery as specified in paragraph a. above or four (4) days after the date the notice was deposited in the U.S. Mai 1 as specified in paragraph b. above. For purposes of this section, the initial addresses of the parties hereto shall be as follows: Kaiser Aerospace & Electronics Corporation, c/o Thomas T. Farley Petersen & Fonda, P.C. 650 Thatcher Building Pueblo, Colorado 81003 City Manager City of Pueblo 1 City Hall Place Pueblo, Colorado 81003 and Thomas E. Jagger City Attorney 127 Thatcher Building Pueblo, Colorado 81003 17. Survival of Covenants and Representations. The cove- nants, representations and warranties made by each party herein shall survive the closing for the benefit of the other party. 18. Non - Exclusive Use of Roads. City grants to Company a non - exclusive easement and right -of -way over and across William White Boulevard for purposes of ingress to and egress from U.S. Highway 50 -B to and from the Property. City reserves the right to repair, modify, alter, change, relocate, temporarily close and provide detours therefor, and redesignate such road. Immediately upon the dedication by the City of the roads, or any portion thereof, to the public, the easement and right -of -way granted by this paragraph shall cease and terminate as to the roads or portions thereof so dedicated. 19. Option (a) If Company is not in default under this Agreement, and if Company is then employing approximately 100 employees at its facility on the Property or presents documenta- tion satisfactory to City that it will prior to the expiration of two years from closing date employ approximately 100 employees at its facility on the Property, Company shall have the exclusive option for a period of five (5) years after closing to purchase land west of the Property and described in Exhibit "B" attached hereto, consisting of approximately 19 acres (herein "Option Property "), upon the terms and conditions herein set forth, for a purchase price of $1.00 per acre. The option shall be exercised by Company by delivering to City, on or before the expiration of the 5 -year option period, Company's written notice of exercise of this option. Company shall within one year after date of closing and annually thereafter during the 5 -year option period deliver written notice to City stating Company's intention to keep this option in effect for the subsequent year. If Company fails to deliver written notice to City of either (i) its exercise of the option before the expiration of the 5 -year option period, or (ii) its annual notice of intent to keep this option in effect as above provided, the option hereby granted shall terminate and City shall be entitled to sell or transfer the Option Property free of Company's rights hereunder, provided that if this option terminates because Company has failed to give its annual notice of intent to keep this option in effect as above - provided, City shall during the balance of the option period, give Company a thirty (30) day written notice of right of first refusal to purchase the property on the same terms that City has offered to a prospective purchaser of the Option Property. In the event the Company does not within said thirty (30) day period give written notice to City of Company's exercise of its right of first refusal to purchase the Option Property upon the same terms and conditions contained in City's notice, City shall be entitled to sell or transfer the Option Property free of Company's rights hereunder. (b) Within thirty (30) days after Company delivers to City written notice of its exercise of this option, Company and City shall enter into an agreement for the purchase and sale of the Option Property upon the same terms, conditions and provisions of this Agreement, except (i) paragraphs 5(a), 6(c), 6(d) and 19 -7- will be deleted therefrom, (ii) the date of closing shall be no later than ninety (90) days after Company delivers to City its notice exercising this option; and (iii) the annual service fee of $250.00 payable by Company under paragraph 5(f) shall be City's then current annual service fee charged to other owners and users of City's services subject to modification and adjustment as provided in paragraph 5(f). IN WITNESS WHEREOF, the Company has caused this Agreement to be executed by its duly authorized officers, and the City has caused this Agreement to be executed by its duly authorized representatives both on the day and year first written above. [S E A ATTEST: KAISER AEROSPACE & ELECTRONICS CORPORATION, A NEVADA CORPORATION By 44 � - C .� � H. J. mead, President Kaiser Aerospace & Electronics Corporation, a Nevada Corporation CITY OF PUEBLO, A MUNIC L CORPORATION [S E A L] ATTEST: By CI� Clerk 7 President of the City Council CORPORATE ACKNOWLEDGMENT NO. 202 State of County of e&A.1C. ss. OFFICIAI, SEAL RICHARD A HARBRKHT NOTARY PUBLIC - CALIFORNIA SANTA CLA A COUNTY My comm. expires JUN 23, 1989 m 9 A S ue.1—. RI . Pr) Rnz 4625 . Woodland Hills, CA 91364 7120 122 On this the A 9 day of 0 64 4 4, 19 n, before me, the undersigned Notary Public, personally appeared 11.c7 Smea4r a4 �[ �s• I�CiH Z , X personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Pre4;c(t-d a•.c� T_ tMon behalf of the corporation therein named, and acknowledged tome that the corporation executed it. WITNESS my hand and official seal. Notary's Signature TJ 20.24 —8— KAISER OPTION A parcel of land located in the County of Pueblo, State of Colorado, to -wit: A parcel of land being a part of the Ej of the SE4 of Section 26, Township 20 South, Range 64 West of the Sixth Principal Meridian, said parcel being more particularly described as follows: BEGINNING at a point from which the northeast corner of said Section 26 bears N 13 ° - 49' -47" E ( all bearings used herein are based on the north line of said Section 26 to bear N 89 °- 10' -48" W) a distance of 3447.80 feet; thence S 88 °- 02' -03" W a distance of 689.05 feet; thence S O1 ° - 57' -57" E a distance of 1173.59 feet; thence N 89 21' -08" E a distance of 689.24 feet; thence N Ol °- 57' -57" W a distance of 1189.44 feet to the POINT OF BEGINNING. Said parcel contains 18.69 acres more or less. PROFESSIONAL LAND SUVEYOR NO. 10093 ev tiv LE ;K`I c v SC7iSr� * 100 ti co 0_92d�� -1-1 1-997 UAIE EXHIBIT "B" NO. 853228 R scotow .3 o q JAN 13 1988 aook2382 mGE829 PURR CqsHn, COWRAao ' WARRANTY DEED THIS DEED, made this /3 day of /'I. -Jo 6Pa , 1987 by and between the CITY OF PUEBLO, a Municipal Corporation, existing under the laws of the State of Colorado (herein "City ") and KAISER AEROSPACE & ELECTRONICS CORPORATION, A NEVADA CORPORATION (herein "Company "), WITNESSETH: That the City for and in consideration of the sum of $19.00 and other good and valuable consideration to the City in hand paid by the Company, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Company, its successors and assigns forever, all the real property situate, lying and being at Pueblo Memorial Airport, County of Pueblo, State of Colorado, more particularly described in Exhibit "A" attached hereto and incorporated herein (herein "Property), with all its appurtenances, and warrant the title to the same, subject to restrictions, reservations, rights of way, and easements of record and easements for the existing sanitary and storm sewer, water and natural gas lines located on or crossing the Property, and to the following covenants, conditions, and restrictions which are and shall be construed to be covenants running with the land described herein and binding upon the Company, its successors and assigns and inuring to the benefit of the City, its successors and assigns. 1. City reserves unto itself and its successors and assigns, for use and benefit of the public, a right of flight for eom2382 FAGF830 the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in the airspace above the surface of the Property such noise as may be inherent in the operation of any aircraft now known or hereafter used for naviga- tion of or flight in said airspace, and for use of the airspace above the surface of the Property for landing on, taking off from, or operation on or over the Pueblo Memorial Airport. 2. Company expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Property, to a height of not more than 4,710 feet above the mean sea level. 3. Company expressly agrees for itself, its successors and assigns, that it will prevent any use of the Property which would interfere with landing or taking off of aircraft at the Pueblo Memorial Airport, or otherwise constitute an airport hazard. 4. The Property and its use are further subject to the following Restrictive Covenants: (a) The Property may be used only for manufacturing facili- ties and related non - hazardous research and development and incidential office and warehouse uses. The Property shall not be used for smelting or plating operations, or for the storage or processing of putrescible materials, or for any purpose or business which constitutes a nuisance, or which exceeds the state air pollution control standards for the facility. Gasoline or diesel fuel used in connection with the business conducted on the Property but not for sale at retail or wholesale may be stored on the Property in an environmentally sound manner. (b) Parking areas for vehicles and roads on the Property shall be paved. (c) The Property shall not be subdivided and no building or structure over sixty (60) feet in height shall be installed or constructed on the Property. (d) No structure or building shall be constructed or installed nearer than sixty -five (65) feet of the right -of -way -2- aooH2382 PmF831 line of William White Boulevard or twenty -five (25) feet of side or rear streets. There must be installed and maintained a minimum thirty -five (35) foot strip of living landscaped ground adjacent to William White Boulevard and fifteen (15) feet adjacent to other abutting streets. Minimum side yards set -backs shall be twenty - five (25) feet. (e) The Property owner shall at all times keep and maintain the Property and all buildings, landscaping and improvements located thereon in a good, clean, safe and orderly condition free of waste, rubbish, debris and trash, and enclose and screen from public view all outside storage and unsightly areas of the Property and those used for storage. (f) Before commencing the construction, installation or alteration of any building, structure, parking facility, outdoor sign, or other permanent improvement, or landscaping on the Property, the Company shall submit to and have approved by the City in writing the site plans and plans and specifications therefor. City's approval will not be unreasonably withheld. In the event the City or its designated representatives shall fail to approve or disapprove such plans and specifications within twenty - five (25) working days after they have been submitted to the City, such approval will not be required and this covenant will be deemed to have been complied with. All buildings, improvements and activities on the Property shall be constructed and conducted in compliance with all applicable federal, state and local law, regulations, and codes. (g) Waste water discharged from the Property into City's sanitary sewer system and Company's use thereof are limited by and subject to the available treatment capacity of City's waste water treatment facilities and City's sewer user, industrial cost recovery, high strength surcharge, and pretreatment ordinances, rules and regulations applicable to City's sanitary sewer system at Pueblo Memorial Airport, now in effect or hereafter adopted or amended. (h) City reserves the right to waive all or any part of these Restrictive Covenants. 5. If Company does not commence construction on the Property of an approximately 100,000 square foot manufacturing f a c i l i t y within nine ( 9 ) months from date hereof and thereafter, without unreasonable delay, pursue their completion and take all action necessary and required therefor, Company shall reconvey to City marketable title to the Property by Special Warranty Deed free of all liens, claims, encumbrances, taxes, restrictions, -3- aook2382 PAGF832 reservations, easements and rights of way placed thereon by the acts or defaults of Company. The term "commence construction" means the pouring of footings and foundations. 6. At the request of City, Company shall meet and in good faith confer with City concerning the annexation of the Property to the City when the Pueblo Memorial Airport, or any part thereof, including without limitation, the Property becomes eligible for annexation. 7. Invalidation of any one of the foregoing covenants, conditions, restrictions or reservations by judgment or court order or otherwise shall not affect any of the other of said covenants, reservations, restrictions or conditions which shall remain in full force and effect. 8. City shall have the right to enforce the restrictions, covenants and conditions hereof by injunction or other lawful procedure and to recover damages, costs, expenses, including reasonable attorney fees, resulting from any violation thereof or arising out of their enforcement. CITY OF PUEBLO, [S E A L] A MUNI IPAL CORPORATION ATTEST: By Pre dent of the City Council Cif er KAISER AEROSPACE & ELECTRONICS CORPORATION, A NEVADA CORPORATION [S E A L) ATTEST: .r e.c re.f " �l By H. J. Pmead Title: President, Kaiser Aerospace & Electronics Corporation, a Nevada Corporation -4- Hook 2382 ParF 833 COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The fo eg instrument was acknowledged before me this /,a day of , 1987 by Michael Occhiato as President of the City_, Council of Pueblo, Colorado and Marian D. Mead as City Clerk of the City of Pueblo, Colorado. Wi�irress my hand and official seal. a +' '1�y commission expires: Notary Public i h .. i COUNTY OF ) ss. STATE OF ) The foregoing instrument was acknowledged before me this ,2q+" day of Cm4he. , 1987 by H. J. Smead as President and X G. 1/Qia z as Secretary of Kaiser Aerospace & Electronics Corporation, a Nevada Corporation. Witness my hand and official seal. My commission expires: la, r2 3 0 l9�9 a' 1 Notary Public [S E A L] - - -------- I OFFICIAL SEAL P,ICHARn A HARRRECHT m NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY �r My comm. expires JUN 23, 1989 rat. A il. ,•L Q 1 •� f y C' r TJ 20.25 -5- soak2382 PaoF834 EXHIBIT "A" A parcel of land located in the County of Pueblo, State of Colorado, to -wit: A parcel of land being a portion of the E 1/2 of the SE 1/4 of Section 26, Township 20 South, Range 64 West of the 6th Principal Meridian, being more particularly described as follows: Beginning at a point from which the NE corner of said Section 26 bears N 02° 12' 27" E (bearings based on the north line of said Section 26 to bear N 89 10' 48" W, with all bearings contained herein being relative thereto), a distance of 3326.43 feet; thence S 01 57' 57" E, a distance of 1195.62 feet; thence S 87° 55' 59" W, a distance of 397.51 feet; thence S 89° 21' 08" W, a distance of 299.01 feet; thence N 01° 57' 57" W, a distance of 1189.44 feet; thence N 88° 02' 03" E, a distance of 696.44 feet to the Point of Beginning, containing 19.10 acres.